The Biden administration will attempt to end Title 42, a Trump-era border order used to expel certain illegal migrants to mitigate the spread of COVID-19, May 11, according to a Monday White House memorandum.
The White House will end the national and public health emergency for COVID-19 and thus attempt to end the border order, according to the memo. The decision comes after the highest month on record for migrant encounters in December, when U.S. Customs and Border Protection (CBP) recorded more than 250,000 migrant encounters.
The Centers for Disease Control and Prevention (CDC) announced in April that the public health order would end May 23, 2022. Republican states subsequently brought legal battles and the fate of the order remains uncertain as a result of those efforts.
“The end of the public health emergency will end the Title 42 policy at the border. While the Administration has attempted to terminate the Title 42 policy and continues to support an orderly lifting of those restrictions, Title 42 remains in place because of orders issued by the Supreme Court and a district court in Louisiana. Enactment of H.R. 382 would lift Title 42 immediately, and result in a substantial additional inflow of migrants at the Southwest border,” the memo stated.
The Biden administration recently implemented parole programs for Venezuelans, Cubans, Haitians and Nicaraguans that allow migrants from those countries to skirt Title 42 expulsion.
“The number of migrants crossing the border has been cut in half, approximately, since the Administration put in place a plan in early January to deter irregular migration from Venezuela, Cuba, Nicaragua, and Haiti. The Administration supports an orderly, predictable wind-down of Title 42, with sufficient time to put alternative policies in place. But if H.R. 382 becomes law and the Title 42 restrictions end precipitously, Congress will effectively be requiring the Administration to allow thousands of migrants per day into the country immediately without the necessary policies in place,” the memo stated.
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